California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 14 — Lien, Chapter 6.7 — Livestock Service Lien, Section 3080.09

(a) At any time after the lienholder has filed a complaint and claimed a lien under this chapter, or at any time after the owner of the livestock has commenced an action to recover possession of the livestock, the owner of the livestock may apply to the court in which the action was brought for an order for substitution of an undertaking which meets the requirements of Section 3080.11 for the livestock held by the lienholder.

(b) The application for such order shall be executed under oath and, unless included within a notice of opposition to sale as set forth in Section 3080.05, or except for good cause shown, shall be made upon noticed motion. Unless the parties otherwise agree, a hearing shall be held on the motion not less than five nor more than 10 days after service of notice of motion. The application shall contain all of the following:

(1) A description of the livestock to be recovered;

(2) An estimate and the basis for the estimate of the fair market value of the livestock;

(3) A statement identifying and describing the sureties for the undertaking.

Notes

Allows a livestock owner to request substitution of a qualifying undertaking after the action begins. The sworn application generally requires noticed motion unless included in a sale opposition or good cause is shown; absent agreement otherwise, the hearing occurs five to 10 days after service, and the application must describe the livestock, estimate value, and identify sureties.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 3080.09 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-14/chapter-6-7/section-3080-09

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